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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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The landlord wants me to sign the lease for a pub tomorrow

Customer Question

The landlord wants me to sign the lease for a pub tomorrow (28 Nov) but it does not start until Monday 1st december at 12 noon. What happens if something within the property breaks down or the landlord for example has a party and the pub is wreaked over the weekend. Can I back out. I am not passing any money over until Monday 1st when the lease starts
Submitted: 2 years ago.
Category: Law
Expert:  tdlawyer replied 2 years ago.
Customer:

Hello, thanks for your question.

Customer:

My name is***** can assist you with this.

Customer:

You're absolutely right to query the things you do.

Customer:

There is always a risk that something might go wrong between now and the lease start date.

Customer:

There are ways to address them though, such as writing into the agreement the condition that the property should be handed over to you in. That would guard against things like damage from parties.

Customer:

The most sensible thing is often to wait until you actually move in before signing the lease. Of course, you never know if the existing tenant will be out by the time that you plan to move in otherwise.

JACUSTOMER-1xdtxydb- : The landlord is the existing tenant and he is desperate to leave on Monday but I am not convinced about the condition he will leave the pub in over the weekend if I sign tomorrow. Is it possible to have a side letter stating that the pub should be in the same condition that it is in when we signed bearing in mind that I have said no money gets transferred until the lease completes on Monday and I have also said if wreaked I will walk
Customer:

If you are both willing to enter into a side letter, then so long as you refer to this being part of your agreement in the main lease, then yes, you can do this. You'd need to properly describe the condition, take photos and do a schedule of the state - that's the best way to ensure that you have something to refer to if you have to say it's not in the right state. As without this sort of information, you might find it difficult to say what condition you agreed it would be in. It's hard to enforce in court somehing vague like "good condition", Imagine trying to argue what that meant.

JACUSTOMER-1xdtxydb- : We already have a schedule of condition that is refered to in the lease and will also be signed by both parties tomorrow so that should cover me shouldn't it
Customer:

It should do yes, because it presumably records the condition of the premises now, which is how you want it handed over to you.

JACUSTOMER-1xdtxydb- : There has been a schedule of condition included in the lease and this will be signed tomorrow by both parties at the same time as the lease so that should be enough cover shouldn't it?
Customer:

Should be, yes.

JACUSTOMER-1xdtxydb- : There has also been a schedule of condition included in the lease and this will be signed at the same time as the lease so that should be enough cover don't you think?
JACUSTOMER-1xdtxydb- : A schedule of condition has been included in the lease and will be signed at the same time as the lease so that should be enough cover then
Customer:

It should be, yes/

JACUSTOMER-1xdtxydb- : That's great thanks sorry for repeating the question there seems to be a delay on my broadband
Customer:

Dont worry, just pleased I could answer you.

Customer:

Is there anything else you would like to ask me or does this answer your question?

Customer:

Please do remember to rate the answer for me if this has answered your question.

Customer:

Is there anything more you wish to ask me?